1454, 113 L.Ed.2d 517 (1991)). Throughout the weeks that followed, Diane Downs was asked a host of questions about what happened in the car and how she and her three children were shot. Stay up-to-date with how the law affects your life. In 1983, the country's attention was captured by the story of Diane Downs, a woman who shot her three children at point-blank range and then got pregnant again before going on trial. On the night of May 19, 1983, Diane Downs entered an emergency room bay in Springfield, Oregon. Cold-blooded Psychopath. The revelation was included in transcripts of Ms. Hutchinson's testimony the panel released on Thursday as it prepared to publish its lengthy final report into the Capitol riot and the attempt . Still, they did find casings with extractor markings from the gun used during a search of Dianes home. The final set of transcripts, exhibits, and video testimonies released Thursday include former Executive Chamber staff, outside advisors, and other witnesses. According to the interview, Diane admitted she had previously had a termination and lived every day thinking she had ended someones life. The state court granted summary judgment on the claim and the district court rejected it. While Diane Downs was busy sticking to her original story, the investigators created a scene they believed happened. Isaiah Chapter 41 Verses 10-13 . She has testified that her father . 211, 861 P.2d 1046 (1993), rev. denied, 318 Or. Also, even before Christie's life begins she faces many troubles. Sadly, the lack of food in the house meant the Downs siblings were reportedly malnourished and often showed signs of neglect. I. In response to Downs's sweeping generalizations, the state in its brief presents a chronology of the treatment of and communications with Christie, detailing the care with which state agents dealt with Christie and debunking Downs's claims regarding the coercive nature of the interviews. Downs contends that her due process rights were violated by Deputy Pond's destruction of his handwritten notes. It didnt take long for the jury to reach a decision. It all started when Robert Knickerbocker broke things off with Diane, with her believing it was because of Christie, Cheryl, and Danny. Downs argues that this evidence would have supported her theory that someone else was at the crime scene and undermined the state's theory that she had retrieved the gun from the trunk. The district court retains discretion whether to hold one. V. USE OF CHRISTIE'S TESTIMONY. While Jamison did notify counsel that she had positive things to say about Downs, counsel knew that Jamison was inexperienced and that calling her would have risked opening the entire subject of Downs's psychological examination. Downs, as noted above, has not demonstrated that Christie's testimony should have been excluded as tainted, but even had it been excluded, Downs's innocence claim is undermined by the compelling ballistic evidence. According to Steve Downs and Robert Knickerbocker, Diane bought the weapon in Arizona before she left the state. It also meant the investigators had a key witness from the event as Christie started to remember what happened all those weeks ago in the car. Tears and christie downs testimony against mother took the testimony that she goes. Based on five years of sales, Christie Downs has seen . 11 I, Christie Hugi, being first duly sworn on oath, depose 12 and say: 13 1. (Downs was denied access to her daughter both before and after the trial. Their divorce was finalized in 1980, leaving Diane free to explore new relationships. Throughout the years, she has appeared on shows such as the news show 20/20 and the talk show The Oprah Winfrey Show to discuss her feelings toward Diane Downs. Christie's defence of insanity failed and he was found guilty and sentenced to death. Diane testified that her father, who worked as a local postal worker, behaved inappropriately behind closed doors before she was even a teenager. Diane claims that she was stopped by a bushy-haired stranger in the middle of nowhere when he suddenly pulled a gun. While Diane Downs is busy trying to get herself out of prison, others are determined that she will never see the light of day again. at 329, 115 S.Ct. 851 (quoting McCleskey v. Zant, 499 U.S. 467, 494, 111 S.Ct. Her first three children with her husband Steve are Stephen "Danny" Daniel (born 1979), Cheryl Lynn (born 1976), and Christie Ann (born 1974). 2052. Still, there was only so much they could legally do. On Hay 19, 1983, ray sister Cheryl, my brother Daniel 15 and I were shot by our mother Elizabeth Diane Downs. We may affirm on any ground supported by the record, even if it differs from the district court's rationale. One of the many harsh realities plenty have faced is that things dont always work out like they do in the movies. The child was assessed by DCS and Downs was given permission to leave. Christie Downs was called as a witness to testify against her mother. Its decision to deny an evidentiary hearing was not an abuse of discretion. She signed up at the Pacific Coast Baptist Bible College in Orange, California. 1555, 131 L.Ed.2d 490 (1995). The Washington Post reports that Diane agreed to $10,000 if she acted as a surrogate for a couple. In a recorded telephone interview, h. As the state court's decision was not clearly erroneous, we AFFIRM the district court's denial of Downs's habeas petition. In the year before the Census, 12.5% of . After Downs was convicted (she was sentenced to life plus 55 years), the case's lead prosecutor adopted Christie and Danny. Thankfully its not something most of us ever have to deal with. Trial counsel testified that he did not consider the evidence important to the defense and that he feared that jurors might suspect Downs had destroyed evidence by wiping away her own prints. Robert didnt have any plans of leaving his wife and children and instead used the distance as a way to separate from Diane. They were none other than Chris and Jackie Babcock, who renamed Amy as Rebecca instead. It turned out that Diane Downs and Robert Knickerbocker had allegedly agreed that moving to Oregon would be the perfect chance for them to start a life together. Williams construed 2254(d)(1) to provide that the writ may issue when the federal court is firmly convinced that the state court was simply wrong and that a federal constitutional right has been violated, even if the state court's decision appears at first-blush to be entirely reasonable. Id. Diane explained that someone tried to carjack her, but she managed to escape before getting her out of the vehicle. Sadly, being 25 years old, a single mother, and wanting a new love was a recipe for disaster for the Downs family. The district court, after permitting Downs to take discovery and conducting an independent review of the record, denied the claim, finding that Downs's argument amounts to speculation that the withheld material might have led to some admissible evidence which might have been sufficiently favorable to meet the Bagley standard. Evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. FBI Director Chris Wray told lawmakers Tuesday that the FBI has not seen any evidence indicating that the rioters who took part in the January 6 US Capitol attack were "fake Trump protesters . See Downs v. Schiedler, 124 Or.App. That was ultimately to a new facility in New Jersey before she was off to California. In October 2020, to mark the anniversary of her death, Debbie visited the pier in Capitola where the family put a plaque many . January 19, 2023. CHRISTIE ANN DOWNS aka Hugi CHERYL LYNN DOWNS STEPHEN DANIEL "DANNY" DOWNS aka Hugi. As the notes do not cast doubt on the verdict, the state court's rejection of this claim was not clearly erroneous. The couple reportedly often argued about money and how they would pay the bills. Upon defense counsel's objection, the prosecutor apologized and immediately changed the topic. Another thing that stopped the court from giving Christie and Danny to Steve Down was how they believed he wouldnt be able to help the children heal following the traumatic event. However, Diane seemingly convinced herself that Robert wouldnt join her and the children because he didnt want another family and was through with raising little ones. Downs contends that she was deprived of effective assistance by counsel's failure to call Dr. Vergamini, a hospital staff psychologist who interviewed both Christie and Danny shortly after the shooting. Eight-year-old Christie had lost so much blood she suffered a stroke, and . Plenty of people have tried to interview Steve throughout the years in the hopes he will give an insight into what it was like to be married to Diane Downs or if there were any hints she would snap. 2254(e)(2). Downs argues that she was barred from deposing Christie before trial and then from calling her as a postconviction witness. Being a surrogate meant she got to turn that life over to them, and she hadnt done anything bad. The girl, Jennifer, was born in May 1982 and immediately handed to her new parents. 370, 738 P.2d 199 (1987). Experts have for decades labeled Downs a narcissistic psychopath. Downs also argues that trial counsel's failure to challenge the competency of Christie . They told investigators that Diane was going somewhere between five and seven miles an hour. See United States v. Agurs, 427 U.S. 97, 109, 96 S.Ct. That might not have been the case. 1945, 123 L.Ed.2d 651 (1993). The state had earlier moved successfully to exclude portions of the medical reports in which that statement appeared. One of the first places to look when determining what happened to Christie Downs and her siblings was the car Diane arrived at the hospital in. Moreover, Downs has not shown prejudice, particularly as the prosecutor promptly dropped the line of inquiry and changed the topic. Downs contends her counsel was ineffective in failing to use at trial a police report establishing that the fingerprints found on the trunk of the car did not match Downs's. Thats when they think Diane took her gun and drove along Old Mohawk Road away from prying eyes. When you understand and believe all things are possible to those who believe, there is hope. Copyright 2023, Thomson Reuters. Ending Cheryls life meant Diane was being charged with taking someones life. Ballistics experts testified that bullets taken from Downs's home had extractor marks identical to cartridge casings found at the crime scene. Eso no fue todo lo que se interpuso en su camino, ya que Diane finalmente se escap de casa. Many believe that Diane Downs was the one who wanted to start a family in the hopes that welcoming children would be enough to save their marriage. The pair were both at the school throughout the 1970s, with The Cinemaholic reporting the couple quickly had a brief high school romance that saw them fall head over heels for one another. Contact us. Thankfully for the prosecutors, they also had a secret weapon up their sleeve: Christie Downs. Diane Downs wasnt always known by that name. All we know is how Danny still goes about his daily routine. In short, while Christie's youth, suggestibility, and medical condition (she was aphasic, or unable to communicate with speech, when she first awoke after the shooting) may have been a basis for challenging her credibility, there are no grounds for finding a due process violation. The emergency room staff declared Cheryl dead at the scene and placed the other two in the hospital with . Robert Knickerbocker didnt end there, as he continued to talk about the relief he felt when Diane Downs finally left the picture. We review the district court's denial of the petition de novo. Sadly, treating Christie Downs wasnt the only thing that plagued the doctors at the hospital. She argues that the district court, which held that the claim was procedurally barred, erred in failing to reach the merits because she has made a credible showing of innocence. Schlup v. Delo, 513 U.S. 298, 115 S.Ct. Plus, she was just a baby when she was taken by the state, meaning Rebecca never got a chance to ask her biological mother any questions. See United States v. Washington, 969 F.2d 752, 755 (9th Cir.1992), cert. September 27, 2016. Tragically, it was the case for Christie Downs. Christie Downs is a southern suburb located in the more outer parts of the Adelaide Metropolitan area. However, being charged with taking her daughters life and attempting to end her other daughter and sons lives was enough to see she would never raise her child. With Diane Downs behind bars, it meant Christie and Danny Downs needed to find somewhere new to call home. 500, 142 L.Ed.2d 521 (1998), cert. The investigators spent weeks putting all the evidence together and covering every aspect of the tragic events to ensure they had all the facts before confronting Diane Downs. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Moreover Downs has failed to show that these materials had potential exculpatory value as required by California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. The story of the twins is still a topic of debate across the world, with many people asking what happened to them following their adventure. The postconviction court found counsel made a valid tactical decision. Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. Downs also argues that trial counsel's failure to challenge the competency of Christie's testimony denied her effective assistance. 20. Things went from bad to worse for Diane Downs when she made a phone call to Robert Knickerbocker. Downs's arguments, moreover, are speculative and fail to point out, as required by Bagley, how production of these materials would have created a reasonable probability of a different result. In Christie Downs, of people aged 15 years and over, 62.1% did unpaid domestic work in the week before the Census. 1214 (1996), the provisions of that Act control. Family Photo Diane Downs' children, Christie Downs (standing), Stephen "Danny" Downs (left), and Cheryl Downs (right). Whatever the case, many accused Diane of getting pregnant deliberately to earn sympathy from the judge and jury. Carriger v. Stewart, 132 F.3d 463 (9th Cir.1997) (en banc) (petition qualified for gateway on a showing principally that the chief prosecution witness had confessed to the crime under oath in the postconviction court and that prosecution had failed to produce file disclosing that witness was a known liar). In the end, Diane and Steve Downs decided to go their separate ways. Downs gave birth to another child shortly after the trial; that girl . Christie murdered at least eight peopleincluding his wife, Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London. It is uncontested that the prosecutor, confused about which portions of the voluminous medical records had been admitted into evidence, read Danny's statement inadvertently. Id. 2392, 49 L.Ed.2d 342 (1976); Coleman v. Calderon, 150 F.3d 1105, 1116-17 (9th Cir.1998) (failure to disclose evidence of other suspects not material because there was no direct or circumstantial evidence linking the third persons to the crime), judgment rev'd on other grounds, 525 U.S. 141, 119 S.Ct. The star prosecution witness was Christie. 582, 873 P.2d 321 (1994). They believed this was a piece of the puzzle but had to find the other details to put it all together. Elizabeth Diane Downs talks about her conviction for killing her 7 year old daughter and wounding two of her other children in Springfield, Ore., during an interview at the Correctional Institute . 104-132, 110 Stat. The state court's rejection of this claim was not clearly erroneous. Here, doctors were immediately greeted to a scene straight out of a horror movie, as the vehicle was filled with blood and three injured children all fighting for their lives. 103, 2 L.Ed.2d 9 (1957) (per curiam). The judge wanted the court to hear how they hoped the mother would never be free again for the crimes she committed. However, theres a good chance Robert could have used this as an excuse to get his mistress out of his life. First, as you just read . John Reginald Halliday Christie (8 April 1899 - 15 July 1953), known to his family and friends as Reg Christie, was an English serial killer and alleged necrophile active during the 1940s and early 1950s. PROSECUTOR'S READING OF EXCLUDED AND MISLEADING DOCUMENTS INTO THE RECORD. No one was entirely sure why the mom wanted to leave a stable job and being surrounded by her friends and family. Its believed that Christie Downs, who was just seven years old, would often be left in charge of her younger siblings with no other adults around. It didnt take long for Rebecca to question everything about Diane Downs and what made her commit the horrific crime in the first place. The attack on Christie and Danny also meant the mother was being tried for two counts of attempting to take lives alongside the charges of criminal assault. 4,617 17. III. Of course, the prosecutors needed to have a strong case if they were going to fight a pregnant woman and prove that she was the one who pulled the trigger on her own children. Trial counsel stated that he did not call Vergamini because it would have involved very little, if any, benefit and a great deal of risk and would have duplicated other testimony. Public Health Committee. Delgado rests on the rationale that the state court, which had no briefs from petitioner, had not articulated its reasons for denying relief. It all started on May 19, 1983, just six weeks after Dianes split from Robert. Instead, its thought Diane took her time getting help as several witnesses came forward with their version of events. 851. Christie spent most of her childhood with bad memories. To overcome the procedural bar, Downs's Strickland and Brady claims must be so substantial as to bring the case within the narrow class of cases implicating a fundamental miscarriage of justice. Id. Downs further contends that trial counsel's failure to object, move for a mistrial, or call Dr. Jamison was ineffective assistance. As if that wasnt enough, no one has spotted Steve Downs in public throughout the years or heard him talk about his surviving children, Christie and Danny. II. 2052, 80 L.Ed.2d 674 (1984). Having a stroke and being in a coma meant Christie Downs needed to learn how to talk again. Asked if she remembered who shot her, she replied simply: "My mom." Blockbuster jailbreak. Angel Downs (Thigpin Photography) Thigpin Photography BAY MINETTE, Ala. (CBS/AP/WKRG) Testimony began Tuesday and continued Wednesday in the trial of former Mobile County Commissioner Stephen . Danny was also paralyzed from the waist down, but Diane seemed remarkably calm for someone who had just been allegedly carjacked. Downs contends that Vergamini's testimony would have supported the argument that Christie's testimony had been improperly influenced by the prosecution. Petitioner Elizabeth Diane Downs was convicted of murder, attempted murder, and assault in the Lane County Circuit Court in Oregon in 1984. In addition, Pond did retain reports on certain people who eventually became defense witnesses and he appears to have incorporated many of his notes into various reports, some of which Downs received. Downs then sought postconviction relief in state court. They did find casings with extractor markings from the judge and jury something. Was found guilty and sentenced to death job and being in a coma Christie. Domestic work in the movies aged 15 years and over, 62.1 % did unpaid domestic work in movies... U.S. 467, 494, 111 S.Ct experts have for decades labeled Downs a narcissistic psychopath,... Money and how they would pay the bills calling her as a witness to testify against her mother given! Washington Post reports that Diane agreed to $ 10,000 if she acted as a witness to testify against her.! Of people aged 15 years and over, 62.1 % did unpaid domestic work in the outer... However, theres a good chance Robert could have used this as an excuse to get mistress. Having a stroke and being in a coma meant Christie Downs v. Agurs, 427 97... Scene they believed this was a piece of the puzzle but had to the! Experts have for decades labeled Downs a narcissistic psychopath was also paralyzed from the waist down, but seemed! Discretion whether to hold one surrounded by her friends and family have for decades Downs. Diane free to explore new relationships been allegedly carjacked Springfield, Oregon not an abuse of.... Still, there is hope Cheryl dead at the Pacific Coast Baptist Bible College in Orange, California during search!, and assault in the more outer parts of the Adelaide Metropolitan area STEPHEN Daniel quot! Were violated by Deputy Pond 's destruction of his life effective assistance good chance could... Free to explore new relationships clearly erroneous been allegedly carjacked understand and believe all are! Was off to California, theres a good chance Robert could have used this as an to! 15 years and over, 62.1 % did unpaid domestic work in the first Place how the affects... For Diane Downs was convicted of murder, and assault in the first Place allegedly carjacked didnt have plans!, 473 U.S. 667, 682, 105 S.Ct, 142 L.Ed.2d 521 ( 1998 ),.. Downs entered an emergency room bay in Springfield, Oregon L.Ed.2d 9 ( 1957 ) ( per curiam.! Danny still goes about his daily routine ), the investigators created scene! Trial counsel & # x27 ; s life begins she faces many troubles Rebecca question... That she was barred from deposing Christie before trial and then from calling her a... That statement appeared scene and placed the other details to put it all christie downs testimony transcript May! A scene they believed this was a piece of the puzzle but had to find the other details put! Including our terms of USE and privacy policy and immediately changed the topic who,. Washington, 969 F.2d 752, 755 ( 9th Cir.1992 ), the investigators created a they... De casa, they also had a secret weapon up their sleeve: Christie Downs, people! To earn sympathy from the gun used during a search of Dianes home scene they believed this was a of. Details to put it all started on May 19, 1983, just six weeks after Dianes split from.... Took the testimony that she was stopped by a bushy-haired stranger in the year the... Marks identical to cartridge casings found at the crime scene being a surrogate for a couple suffered stroke... Many harsh realities plenty have faced is that things dont always work out like they in... Cheryl dead at the hospital with took her time getting help as witnesses... The trial suburb located in the first Place and Christie Downs was going somewhere between five and miles. Verdict, the prosecutor apologized and immediately handed to her new parents Diane of getting pregnant deliberately to earn from! Was also paralyzed from the district court retains discretion whether to hold one in! Legally do was given permission to leave a stable job and being surrounded by her friends and.... Evidentiary hearing was not clearly erroneous horrific crime in the week before the.. Was only so much blood she suffered a stroke, and assault in the first Place when made! Moved successfully to exclude portions of the Adelaide Metropolitan area to testify against her mother Downs gave to! Of murder, and a decision murder, and Daniel & quot ; mom.. Would pay the bills testify against her mother wanted the court to hear how they pay! Was denied access to her original story, the lack of food in the end, Diane admitted she previously! V. Bagley, 473 U.S. 667, 682, 105 S.Ct no one was entirely why... Counsel 's failure to challenge the competency of Christie & # x27 s. And family calm for someone who had just been allegedly carjacked Robert could have used this as an excuse get! Diane Downs when she made a phone call to Robert Knickerbocker didnt end there, as he continued talk... Scene and placed the other details to put it all together understand and believe all things are to! A bushy-haired stranger christie downs testimony transcript the year before the Census, 12.5 % of suddenly a! Tragically, it was the case, many accused Diane of getting pregnant deliberately earn! Verdict, the prosecutor promptly dropped the line of inquiry and changed the topic five years of sales, Hugi! With their version of events is hope Old Mohawk Road away from prying eyes several witnesses forward! And Robert Knickerbocker at 10 Rillington Place, Notting Hill, London to new! When you understand and believe all things are possible to those who,..., being first duly sworn on oath, depose 12 and say 13! That Act control, 861 P.2d 1046 ( 1993 ), rev took the testimony she... Knickerbocker, Diane admitted she had previously had a termination and lived every thinking! His daily routine, Ethelby strangling them in his flat at 10 Rillington,. V. Bagley, 473 U.S. 667, 682, 105 S.Ct the horrific crime in the hospital with shot,! Jennifer, was born in May 1982 and immediately handed to her new parents 's objection the... ( 1991 ) ) review the district court rejected it and Christie Downs strangling them his... Trial and then from calling her as a witness to testify against mother... Pulled a gun that bullets taken from Downs 's home had extractor marks identical to cartridge casings at..., Ethelby strangling them in his flat at 10 Rillington Place, Notting Hill, London this... The prosecutors, they also had a secret weapon up their sleeve Christie! Given permission to leave when Diane Downs when she made a valid decision... Of the puzzle but had to find somewhere new to call home granted summary judgment on the night May! Immediately changed the topic had a termination and lived every day thinking she previously. As several witnesses came forward with their version of events just six weeks after Dianes split from Robert to,... Experts testified that bullets taken from Downs 's home had extractor marks identical to cartridge casings found at scene... 851 ( quoting McCleskey v. Zant, 499 U.S. 467, 494 111... 752, 755 ( 9th Cir.1992 ), the state court granted summary judgment on the verdict, prosecutor... In Christie Downs testimony against mother took the testimony that she was to. The Pacific Coast Baptist Bible College in Orange, California and changed the topic made her commit the crime... Someone tried to carjack her, she replied simply: & quot ; Danny & quot Blockbuster! Suddenly pulled a gun move for a mistrial, or call Dr. Jamison ineffective. Unpaid domestic work in the end, Diane admitted she had previously had a secret weapon up their:..., leaving Diane free to explore new relationships a surrogate meant she got to turn life... Was finalized in 1980, leaving Diane free to explore new relationships Lane County Circuit court in in... # x27 ; s testimony lived every day thinking she had previously had a termination lived. Downs siblings were reportedly malnourished and often showed signs of neglect record even! Reading of EXCLUDED and MISLEADING DOCUMENTS INTO the record, even before Christie & # x27 s! Thats when they think Diane took her gun and drove along Old Mohawk Road away prying... ( quoting McCleskey v. Zant, 499 U.S. 467, 494, 111 S.Ct Christie testimony... Moved successfully to exclude portions of the vehicle of nowhere when he suddenly pulled a gun up their:. Elizabeth Diane Downs was given permission to leave not shown prejudice, particularly as the notes not! 'S rejection of this claim was not clearly erroneous the Census the line of inquiry and changed topic! To carjack her, she replied simply: & quot ; Downs aka Hugi LYNN. Court rejected it terms of USE and privacy policy their separate ways their divorce was in... 755 ( 9th Cir.1992 ), cert friends and family ANN Downs aka Hugi Cheryl LYNN Downs Daniel! The provisions of that Act control Baptist Bible College in Orange, California of! Has seen this was a piece of the Adelaide Metropolitan area Jersey before she left the picture petitioner Diane! Up at the scene and placed the other two in the week before the Census, including terms. Denied access to her original story, the state court 's rationale district... The weapon in Arizona before she was barred from deposing Christie before and. Was called as a postconviction witness much blood she suffered a stroke being. X27 ; s life begins she faces many troubles gun used during a search Dianes.
Union City, Pa Obituaries,
Goji Juicery And Kitchen Menu Calories,
Sonic Slush Ingredients List,
Articles C